New Hampshire Code of Administrative Rules
Pda - Pease Development Authority
Chapter Pda 600 - STATE-OWNED COMMERCIAL PIERS AND ASSOCIATED FACILITIES
Part Pda 608 - RECONSIDERATION
Section Pda 608.03 - Reconsideration by Division Director

Universal Citation: NH Admin Rules Pda 608.03

Current through Register No. 40, October 3, 2024

(a) A petition for reconsideration by the division director shall be filed with the division director within 10 days from receipt of notice of:

(1) Revocation of a permit pursuant to Pda 607.04; or

(2) Denial of a permit pursuant to Pda 606.01(d), Pda 606.02(d), Pda 606.03(e), Pda 606.04(d), Pda 606.06(c), Pda 606.08(d), Pda 606.09(d), Pda 606.10(c), Pda 606.11(c), or Pda 606.10(d).

(b) The division director shall review a petition for reconsideration within 10 days of receipt and notify the petitioner of their decision on whether to grant or deny the petition within 5 business days of review.

(c) When making a decision on a petition for reconsideration, the division director shall consider any new or additional information relevant to the matter under reconsideration that was not available:

(1) In a permit denial proceeding, when the application in question was submitted; or

(2) In a permit revocation proceeding, when the decision to revoke a permit was rendered.

(d) The division director shall grant a petition for reconsideration if the division director finds it more likely than not that the decision was based on an error of law or fact or lacked facts that could reasonably sustain the decision.

(e) The division director shall deny a petition for reconsideration if the petition for reconsideration was not timely filed in accordance with (a) above, or the division director finds it more likely than not that the decision was not based on any error of law or that there were facts reasonably sustaining the decision.

#8321, eff 10-1-05; amd by #9048, eff 1-1-08; ss by #10441, eff 11-1-13

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